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2023 Supreme(All) 331

SAURABH SRIVASTAVA
Bhura – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Amit Kumar.
For the Respondent: C.S.C., Arun Kumar Pandey.

JUDGMENT :

1. Heard Shri Amit Kumar, learned counsel for the petitioner and the learned Standing Counsel for the State respondents.

2. The impugned order dated 25.8.2022 passed by the respondent No.3-Tehsildar(Judicial), Tehsil-Amroha, District-Amroha, rendered in proceedings registered as Computerized Case No. T202113380101336 under Section 67 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as the 'Code'), finds that the petitioner had illegally encroached over the disputed parcels of land, and accordingly it was directed that the petitioner be evicted from the disputed parcel of land. Damages and other charges were also imposed upon the petitioner.

3. The learned appellate court/Collector, Amroha, by the impugned order dated 19.11.2022 agreed with the findings of the learned trial court-Tehsildar (Judicial), Tehsil-Amroha, District-Amroha, and affirmed its order dated 25.08.2022.

4. Shri Amit Kumar, learned counsel for the petitioner contends that the defence of Section 67A of the U.P. Revenue Code, 2006 taken by the petitioner was not adverted to by both the courts below. Further without proper demarcation of the lands, a finding of illegal encroachment cannot be de

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